FILED: QUEENS COUNTY CLERK 04/15/2015 03:57 PM INDEX NO. 702126/2015 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/15/2015 EXHIBIT 1
FILED: QUEENS COUNTY CLERK 03/06/2015 09:49 AM INDEX NO. 702126/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/06/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS DIAMOND HOMES NYC LLC, v. Plaintiff, THE GREENPOINT THREE LLC; CHRISTOPHER JOHNSON; LEVINE, STEIN & JOHNSON, LLC, EACH AS NOMINAL DEFENDANTS AND STAKEHOLDERS AND WELLS FARGO & COMPANY AND WELLS FARGO, N.A. TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES AS A NOMINAL DEFENDANT AND STAKEHOLDER, Defendants. To the above named Defendants: Index No. Summons YOU ARE HEREBY SUMMONED to answer the Complaint ( the Complaint in this action and to serve a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance, on the Plaintiff Attorney within twenty (20 days after the service of this Summons, exclusive of the day of service (or within thirty (30 days after the service is complete if this summons is not personally delivered to you within 1
the State of New York; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: March 5, 2015 New York, New York Gleason & Koatz, LLP By: /s/ John P. Gleason John P. Gleason TO: The Greenpoint Three LLC 41-11 Bell Blvd, Bayside, New York 11361, Levine, Stein & Johnson, LLC 1271 Avenue of the Americas, Ste. 4300 NEW YORK, NY 10020, Christopher Johnson 1271 Avenue of the Americas, Ste. 4300 New York, New York 10020 Wells Fargo Bank N.A. 80 State Street, Albany, NY 12207-2543 122 East 42 nd Street New York, New York 10168 (212 986-1544 Attorneys for Plaintiff 2
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS DIAMOND HOMES NYC LLC, v. Plaintiff, THE GREENPOINT THREE LLC; CHRISTOPHER JOHNSON; LEVINE, STEIN & JOHNSON, LLC, EACH AS NOMINAL DEFENDANTS AND STAKEHOLDERS AND WELLS FARGO & COMPANY AND WELLS FARGO, N.A. TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES AS A NOMINAL DEFENDANT AND STAKEHOLDER, Defendants. Index No. Complaint Plaintiff Diamond Homes NYC LLC (the Plaintiff for its complaint against defendants The Greenpoint Three LLC (the Seller, Levine, Stein & Johnson, LLC (the Escrow Agent, Christopher Johnson ( Johnson, and Wells Fargo Bank N.A. ( Wells Fargo by its attorneys Gleason & Koatz, LLP, states as follows: 1. This action seeks a permanent injunction, declaratory and other relief with respect to: (i enforcing that certain 1
Residential Contract of Sale (the Contract, dated as of February 2, 2015 entered into by and between the Plaintiff and Seller, (ii permanently enjoining Wells Fargo from clearing that certain check, number 1007, dated February 23, 2015 (the Check in the amount of $775,000.00 (the Funds made by Plaintiff to the order of Seller and disbursing the Funds to anyone other than the Plaintiff, (iii declaring that the Funds represent the downpayment (the Downpayment pursuant to the Contract, and (iv depositing the Downpayment in the Escrow Account, as defined below, or in the alternate (v declaring the Contract null and void and returning all monies paid by the Plaintiff to the Seller, plus all costs and damages. 2. Plaintiff and Seller entered into the Contract as of February 2, 2015. 3. Pursuant to the Contract, the Seller agreed to sell and convey and Plaintiff agreed to purchase certain real property, together with all buildings and improvements thereon (collectively the "Premises", located at 31-16 21st Street, Astoria, New York 11106, with Tax Map Designation: Block: 533 Lots: 1. 2
4. The purchase price is $6,200,000.00 (the Purchase Price. 5. Plaintiff delivered to the Seller the Downpayment to be held in escrow in a segregated escrow bank account at JP Morgan Chase (the Escrow Account located at 1251 Avenue of the Americas, New York, New York 10020 pursuant to paragraph 6 of the Contract. 6. Each of the Seller, the Escrow Agent and Johnson in bad faith and in willful disregard of the terms of the Contract failed and refused to deposit the Funds in the Escrow Account. 7. Instead Seller, the Escrow Agent and Johnson deposited the Funds in a non-escrow Wells Fargo bank account. 8. Plaintiff has demanded Seller, the Escrow Agent and Johnson to return the Funds and deposit it in the Escrow Account. 9. Seller, the Escrow Agent and Johnson have failed and refused to return the Funds to the Escrow Account. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants jointly and severally as follows: 3
1. Adjudging each of Seller, the Escrow Agent and Johnson personally and severely for breach of the Contract; terms; 2. Ordering Seller to perform the Contract pursuant to its 3. Ordering that the Downpayment be deposited in the Escrow Account as provided for in the Contract; 4. Or in the alternate returning the Funds and applicable interest to Plaintiff; 5. Adjudging that Seller, the Escrow Agent and Johnson in bad faith violated the terms of the Contract; 6. Permanently enjoining Wells Fargo from clearing the Check and disbursing the Funds to anyone other than the Plaintiff; 7. Awarding Plaintiff costs and the reasonable attorneys fees incurred in the prosecution of this action pursuant to applicable law; and may be 8. For such other and further relief to which Plaintiffs Dated: March 5, 2015 New York, New York 4
Gleason & Koatz, LLP By: /s/ John P. Gleason John P. Gleason 122 East 42 nd Street New York, New York 10168 (212 986-1544 Attorneys for Plaintiff 5